AT805114CRV - Federal Meat Industry (Retail and Wholesale) Award 2000 [Transitional]

PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

27. ANNUAL LEAVE

[27.1 corrected by PR907717 ppc 01Dec00]

27.1 An employee, other than casual, under this award is entitled to a period of 28 consecutive days leave, including non-working days (i.e. 4 weeks) after each period of 12 months continuous service.

27.2 Shift workers

[27.2 corrected by PR907717 ppc 01Dec00]

In addition to the leave prescribed in 27.1, a seven day shift worker who is regularly rostered to work on Sundays and public holidays will be entitled to an additional seven consecutive days leave including non-working days (i.e. 1 week).

27.3 Public holidays during leave

Where any public holiday falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to the period of annual time equivalent to the ordinary time which the employee would have worked if the day had not been a public holiday.

27.4 Where an employee, without reasonable excuse (proof of which shall lie with the employee), is absent from employment on their working day immediately prior to the commencement of annual leave, or their working day immediately following the last day of the period of annual leave the employee will not be entitled to payment for the public holidays which fall within the period of annual leave.

27.5 Taking and periods of leave

Annual leave will be given and taken in one continuous period unless the employer and the employee agree for it to be taken in more than one period.

27.6 The annual leave provided for by this clause shall be allowed and taken and payment shall not be made or accepted in lieu of annual leave.

27.7 An employee will be granted annual leave to which they become entitled to within three calendar months of the leave becoming due. However, if due to operational requirements, the employer cannot grant the leave, the leave may be postponed to a later date as agreed between the employer and employee.

27.8 Single day periods of annual leave

An employee may elect, with the agreement of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.

27.9 Leave allowed before due date

An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such a case, a further period of annual leave will not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part of it had been taken before it accrued.

27.10 Payment of annual leave and leave loading

27.10.1 Unless otherwise agreed, each employee will be paid prior to the commencement of annual leave:

27.10.1(a) their ordinary time earnings that would have been earned during the period of leave;

27.10.1(b) their annual leave loading as provided by 27.11.

27.10.2 In the event of an employee being engaged four weeks prior to the commencement of leave, or termination of employment, in two or more classifications entitling the employee to different rates of pay, the wages to be paid to the employees will be the average of the weekly wage rates for the classifications in which the employee was engaged.

27.11 Annual leave loading

An employee before going on annual leave will receive a loading of 17.5% calculated on the appropriate classification rate. In the case of a shift worker the employee will be paid the greater of the shift loading or the 17.5 % annual leave loading.

27.11.1 An employee and the employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

27.11.2 No annual leave loading is due for periods of leave paid out for less than one year.

27.11.3 An employee whose employment is terminated for malingering, inefficiency, neglect of duty or misconduct or who leaves the employment of the employer shall not be entitled to the loading prescribed in this clause.

27.12 Payment of annual leave on termination of employment

27.12.1 When an employee leaves or is terminated by the employer during the course of any qualifying twelve month period the employer shall pay that employee pro rata wages calculated at the rate of 2.93 hours for each complete week of work. In the case of seven day shift workers the proportionate payment will be calculated on the basis of 3.66 hours for each completed week of work.

[27.12.2 corrected by PR907717 ppc 01Dec00]

27.12.2 Where employment has been for less than 28 consecutive days, including non-working days, and is terminated, the employer will not be liable to make any payment to the employee.

27.12.3 Where leave has been taken in advance by an employee and the employment of the employee is then terminated, the employer will use the amount already paid to offset any sums which would otherwise be paid under 27.12.1. If the moneys already paid to the employee are still in excess of whatever monies would be payable under 27.12.1 or, the excess will be deducted from any remuneration payable to the employee upon termination.

27.13 Annual close-down

27.13.1 Where an employer closes down a plant or a section for the purpose of allowing annual leave to all or the bulk of the employees in the plant or sections concerned, the employer should, where possible, give the employees concerned not less than three months notice of intention to stand down for the duration of the close-down all employees in the plant or sections concerned.

27.13.2 For those employees who have not qualified for annual leave in accordance with 27.1 and 27.2, paid leave on a proportionate basis at the appropriate rate of wage and loading prescribed by 27.10 will be granted.

27.13.3 An employee who has then qualified for annual leave in accordance with 27.1 and 27.2 and has also completed a further month or more of continuous service will be allowed leave and will also be paid leave on a proportionate basis for the period worked since the close of the employee’s last twelve monthly qualifying period.

27.13.4 The next twelve monthly qualifying period for each employee affected by the close-down will commence from the day on which the plant or section concerned is re-opened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause will be deemed to be time of service in the next twelve monthly qualifying period.

27.13.5 If in the first year of service with an employer an employee is allowed proportionate annual leave under 27.13.2 and subsequently within such year leaves employment or employment is terminated by the employer through no fault of the employee, the employee will be entitled to the benefit of 27.12.1 subject to the adjustment for any proportionate leave which may have been allowed.

27.14 Annual leave will not be cashed out.